Madam Speaker, it is with great honour that I rise today to support Bill C-386, An Act to amend the Canada Labour Code (replacement workers), better known as the infamous anti-scab legislation. I should point out that it is the term “scab” that is infamous.
The Bloc Quebecois is making a point of introducing this anti-scab bill for the 11th time in this Parliament. There must no longer be two categories of workers in Quebec, namely those who are governed by the Canada Labour Code, which allows the hiring of scabs, and those who come under the Quebec Labour Code, which does not allow it.
Before going further, I want to recognize the tremendous work done by the hon. member for Argenteuil—Papineau—Mirabel, who has been working since November 2000, since his first day in the House, to protect the rights of workers with diligence and integrity. Today, I am not surprised that he is a strong supporter of this bill and, in fact, its sponsor.
I also want to thank the unions of the Outaouais region, where I represent the riding of Gatineau. I am thinking in particular of Dino Lemay, of the Fédération des travailleurs du Québec, or FTQ; Michel Quijada of the Confédération des syndicats nationaux, or CSN; Louise Patrice, Edith Gendron, Francine Stuart and Donald Roy, of the Comité régional d'action politique de l'Outaouais of the Public Service Alliance of Canada, or PSAC. I thank them for supporting this initiative. I also thank Hassan Yussuff, of the Canadian Labour Congress, or CLC, for his support.
These people work with workers and they are well aware of the misfortunes and calamities that surface when scabs do the job of workers who are on picket lines.
This bill seeks to end the inequity between workers who are governed by the Quebec Labour Code and those who come under the Canada Labour Code. Only Quebec and British Columbia have legislation prohibiting the hiring of scabs. In this regard, it is time for the other provinces and for Canada to get out of the dark ages.
The passage of anti-strikebreaker legislation in Quebec goes back to December 1977 under the government of René Lévesque of the sovereignist Parti Québécois. It was an impressive leap forward in respect for the rights of working people.
It happened at the end of a particularly stormy strike at the United Aircraft plant in Longueuil. By severely limiting the ability of employers to simply thumb their noses at unions, this legislation put Quebec in a leadership position in North America.
Anti-strikebreaker legislation would be good for all working people who come under the Canada Labour Code, both in Quebec and in all provinces and territories,
On the federal level, subsection 94(2.1) of the Canada Labour Code contains a prohibition on the use of replacement workers, but only when an employer uses them for the purpose of undermining a trade union’s representational capacity. That is weak, very weak, because all that an employer has to do in order to be entitled to hire scabs is continue to recognize the existing union and negotiate with it so that its representational capacity is not undermined. In other words, only if the employer refuses to negotiate while using replacement workers can the Canada Industrial Relations Board step in and forbid their use.
An employer just has to negotiate, or appear to negotiate, with the union in order to circumvent the prohibition and continue using strikebreakers.
This is a ridiculous provision, therefore, that provides a giant loophole for the use of scabs. A prohibition on the hiring of replacement workers during labour disputes is more necessary than ever, therefore, to reduce violence on picket lines, encourage a fair balance of forces in the negotiations between employers and employees, reduce litigation as a result of strikes and lock-outs, and mitigate the hard feelings that arise among employees when they return to work.
There is a very broad consensus among the various unions on the importance of anti-strikebreaker legislation. It is absolutely essential in the workplace of today because it provides for greater transparency in labour disputes. I should add in passing that this bill will not cost the government any money. It is about time, therefore, that the Conservatives and all my Liberal friends voted in favour of this bill, which will ensure some respect for workers when they negotiate with their bosses to make sure they are not penalized while the bosses make money using scabs who are often paid less than the people on the picket line. When this happens, very ugly situations arise within a community, especially if it is small and neighbours are taking jobs from one another. There is an imbalance, therefore, in the negotiations over a return to work.
With this in mind, the current situation under the Canada Labour Code—allowing the use of replacement workers—means that there are very negative consequences during strikes and lockouts. There are many negative effects, and they clearly illustrate the importance of bringing forward dispute-reduction measures. The premise is that labour disputes last longer when scabs are used. This, in turn, reduces the purchasing power of workers directly or indirectly involved in the dispute and results in households going into debt. In some cases, disputes can cause social problems, considerable violence, and stress-related psychological problems.
Anyone who has their heart in the right place will vote in favour of an anti-scab bill, based on a bill drafted by the Bloc Québécois and firmly supported by the NDP.
To provide a few examples of the benefits of Quebec's legislation, here are some figures showing how anti-scab legislation can have positive effects on the work climate and the bargaining climate between employers and employees.
In 1976, before anti-scab legislation was passed in Quebec, the average number of working days lost was 39.4. In 1979, after the legislation was passed, the average was 32.8 days, and in 2001 it was 27.4 days.
With good labour relations, with employers and employees on equal footing, the parties try to come up with a solution more quickly to ensure that everyone wins when they end up in a bargaining situation. Workers choose to strike as a last resort. It is not their first choice. Nonetheless, when they have to, they have to, but they have to do it fairly.
This clearly shows that dispute settlements are quicker and fairer when employers and unions negotiate under the same constraints. Unfortunately, the Canada Labour Code still allows the use of scabs in Quebec, with the result that there have been labour disputes that demonstrate how urgent it is to pass this bill. Take the case of Vidéotron for example.